Anuh Pharma Ltd. v. Union Of India, Through The Secretary And 5 ORS.

2023:BHC-OS:9904-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3661 OF 2018 WITH INTERIM APPLICATION (L) NO.20653 OF 2023 IN WRIT PETITION NO.3661 OF 2018 WITH INTERIM APPLICATION (L) NO.15273 OF 2022 IN WRIT PETITION NO.3661 OF 2018 Anuh Pharma Ltd.

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Petitioner v/s.

Union of India, Through The Secretary And 5 Ors.

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Respondents WITH WRIT PETITION NO.1610 OF 2019 WITH INTERIM APPLICATION (L) NO.23913 OF 2023 IN WRIT PETITION NO.1610 OF 2019 WITH INTERIM APPLICATION (L) NO.3635 OF 2021 IN WRIT PETITION NO.1610 OF 2019 Sanathan Textile Pvt. Ltd.

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Petitioner v/s.

Union of India, Through The Secretary And 5 Ors.

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Respondents ....

Mr. V. Raghuraman, Senior Advocate, a/w. Mr. Raghavendra, Mr.

Shailesh Sheth and Mr. P.K. Shetty, for the Petitioners. Mr. J.B. Mishra, a/w. Ms. Sangeeta Yadav, for Respondent Nos.1 and 2. Mr. J.B. Mishra, a/w. Smt. Maya Majumdar, for Respondent No.3. Mrs. Savita Ganoo, a/w. Mr. D.P. Singh, for Respondent No.4. Mr. J.B. Mishra, a/w. Mr. Satyaprakash Sharma, for Respondent No.5 in WP/1610/2019.

Mr. Jitendra B. Mishra, a/w. Ms. Sangeeta Yadav, for Respondent No.8 in WP/3661/2018.

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CORAM: G.S. KULKARNI & JITENDRA JAIN, JJ.

DATE : 11th SEPTEMBER 2023 P.C:- After hearing Mr. Raghuraman, learned Senior Counsel for the Petitioners and Mr. Mishra, learned Counsel for the Revenue, as also having perused the interim application filed by the Petitioners praying for amendment of the petitions, we are of the opinion that the Petitioners be permitted to withdraw the petitions and file fresh petitions so as to raise appropriate challenges, including the challenges, as raised in the present petitions, which, according to the Petitioners, have survived. This also for the reason that as the petitions were filed in 2018 and 2019, some of the prayers, as rightly pointed out by Mr.

Mishra, have become infructuous. It is, thus, felt more appropriate that fresh petitions are filed.

2.

We, accordingly, dispose of the petitions to enable the Petitioners to file fresh petitions for the reasons as observed above. 3.

All contentions of the parties are expressly kept open. 4.

As the petitions are disposed of, interim applications would not survive, they stand disposed of.

5.

At this stage, Mr. Raghuraman, learned Senior Counsel for the Petitioners, submits that fresh petitions would be filed within two weeks from today. To enable the Petitioners to do so, the Respondents are directed not to proceed to pass any order for a period of four weeks from today.

6.

Disposed of. No costs.

(JITENDRA JAIN, J.) (G.S. KULKARNI, J.)